When visiting a hospital, you go there with the mindset that you will get the attention of professionals who are able to diagnose the condition causing you pain and discomfort and offer you a treatment plan or solution. However, in some cases, your trust in these medical professionals may be betrayed by an act of negligence on their part which may complicate your health and in some other cases, may further aggravate the medical condition. Medical malpractice can be in many forms ranging from birth injuries, emergency room errors, surgical errors, misdiagnosis or late diagnosis or more. When you have suffered health complications as a result of medical malpractice, there is a solution which can help you bring the at-fault party, whether the doctors, nurses, hospital or medical facility, specialists or others to justice. In cases of medical malpractice, it is recommended that you work with a qualified and experienced New York Personal Injury Lawyer to ensure that your rights remain protected and that you remain eligible for the full compensation which you deserve.
Medical malpractice can lead to a lot of health complications, which may cause permanent injuries for the victim. In some cases, medical malpractice may result in the death of a patient whose condition may not have worsened as at the time of approaching the medical center or hospital.
To better understand this area of personal injury, below are some of the things you need to know.
Medical Malpractice: What You Need To Know
What Is Medical Malpractice
Medical malpractice cases are such that causes injury to the patient as a result of negligence or wrongdoing on the part of the medical doctor, hospital staff, nurses, emergency room staff, specialists, or others. Medical malpractice may border on omission or willful refusal to administer medical treatment and care to a patient. In such cases of omission or willful refusal to attend to a patient, if such has led to the aggravation of such medical condition leading to injuries, whether temporary or permanent, then such a victim is entitled to sue the at-fault party for compensation.
Negligence in medical malpractice cases may border on inadequate management of patient’s condition, misdiagnosis, late diagnosis, discharging the patients early without proper health records to support stability, treatment error, wrong prescription, wrong dosage, and others.
A victim may also decide to file a case against the hospital for breach of trust and improper care, lack of proper sanitation, improper nurse care, medication issues, and more.
Medical malpractice laws have been designed to cut across all states in the nation, thus providing legal recourse for patients who have been harmed as a result of the decision or inaction of a medical practitioner or professional.
Such cases as medical malpractice can be difficult to understand and pursue and as such, victims who have suffered injuries are advised to seek out a New York Personal Injury Lawyer whose area of focus is on medical malpractice as they are bound to have a better understanding and experience with such cases thus improving the chances of getting the total worth of such claim.
Theories Of Liability Associated With Medical Malpractice Claims
Same with other personal injury cases, there are some theories upon which the medical malpractice claim can be based. These theories help to understand better the at-fault party who has due to their negligence, errors, or omission breached the contract between them and the victim and caused them significant harm.
The theories for medical malpractice cases stand to include:
- Breach of contract or warranty
- Failure to obtain consent
A lot can happen as a result of the negligence of healthcare professionals. Several people have been reported dead as a result of the negligence of emergency room staff, surgeons, doctors, specialists, nurses, and others. For this theory, it must be established that the medical professional was negligent in their line of duty thus complicating the health status of the patient and causing the additional pain and injury. The victim’s counsel can build their case around proof of injury, proof that there is a connection between the negligent acts of the medical professional and the injuries sustained by the victim, proof that the medical professional failed to administer sufficient care within the standards for the procedure, proof that there was a professional doctor-patient relationship between the victim and the accused.
Failure to obtain consent
A medical professional is expected to inform a patient of the risks and other forms of benefits of all treatment plan and procedures. In addition, such a medical professional is expected to seek the express consent of the patient of their loved ones. If the doctor has proceeded with treatment without consent and has led to injuries, then they are found wanting for not seeking the patient’s consent.
Breach of Warranty
While doctors are not at liberty to promise certain things, if, however, they do, such a doctor can be held for breach of a warranty in the event the said promise falls apart.